SANTA ANA - A Superior Court judge on Wednesday denied a request of defense attorneys in a high-profile gang-rape case to admit the testimony of a former porn star who said she believes the tape of the alleged rape seems to be an amateur attempt at filming a kinky sex scene with the girl's consent.
Greg Haidl, son of Orange County Assistant Sheriff Don Haidl, Kyle Nachreiner and Keith Spann are accused of raping an unconscious 16-year-old girl and sexually assaulting her in the elder Haidl's Corona del Mar home. The incident was captured in a 20-minute videotape the defendants made.
The prosecution has maintained that the girl, only identified as Jane Doe, became unconscious after drinking a mixed drink Nachreiner handed to her. The defense has said the sexual acts were consensual.
Judge Francisco Briseno said he didn't feel the jury needed to hear from Sharon Mitchell, a porn star turned sexologist, to decide what was on the videotape.
On Wednesday, Mitchell briefly took the stand to tell the court she believed the tape was "consistent with pornography."
There were many "positions" adopted on the tape that are popular in porn films, she said.
"You have to have a degree of athletic ability to do these acts and you have to be conscious," Mitchell said.
She also noted that she saw the girl brush her hair from her face several times. The appearance of the objects that were used, such as a Snapple bottle, a juice can and a pool cue, suggested to Mitchell that the teens had done some type of "negotiation" before indulging in the acts, Mitchell said.
"All in all, I think this was an amateur attempt at making a porn film," she said.
Attorneys for Spann and Nachreiner did not join the Haidl defense team in this motion to admit Mitchell's testimony.
Defense attorney Pete Scalisi said outside the courtroom that he was disappointed the judge wouldn't admit Mitchell's testimony.
"She'd have offered a lot to the jury in terms of how such films are made," he said.
Mitchell's testimony would have rebutted the statements of Trinka Porrata, a date-rape expert who testified for the prosecution saying the girl appeared to have been drugged.
Deputy Dist. Atty. Susan Schroeder said she agreed with Briseno that the defense had "no foundation" to bring in Mitchell as a witness.
"It's another attempt by the Haidl defense to try and take the attention away from the actions of their client," she said.
Attorneys are expected to argue a motion for mistrial today. The judge will also decide whether to quash a subpoena served by the defense to Orange County Sheriff Mike Carona.
